Will the judge approve my bankruptcy case? Do I have to explain to the judge why I’m in bankruptcy? What if the judge makes a plan I can’t pay? When you’re considering bankruptcy, you start to think about your upcoming encounter with a federal bankruptcy judge. Black robes. Sober face. Gobs of power over your […]
Can You Be Arrested For Not Paying Your Debts?
Despite the story spread all over about federal marshals arresting a man for an unpaid student loan, people aren’t arrested for debt. And Fox News got the story wrong. The man was not arrested because he owed money he hadn’t paid. He was arrested for blowing off a court order that he appear in court. […]
Free Bankruptcy Advice: 5 Reasons Why I’m Not Free
There’s no free bankruptcy advice in my office. Unlike many, we charge for that initial meeting with a lawyer. (There’s no free lunch either.) That makes us different from lots of other bankruptcy lawyers. Different enough to offend a prospective client who called up this week. He was unwilling to pay for a consultation, and stormed […]
Three Barriers To Getting Out Of Debt
Three emotions, not reasons, keep people from filing bankruptcy and getting out of debt. While not as sexy as the seven deadly sins, these emotions still keep my clients mired in debt long after logic says “quit”. Fear Stubbornness Pride These emotions keep people mired where they are. They block the road forward. Fear Fear of […]
Better To Live With Debts Than File Bankruptcy?
Locked up in debt? What are the consequences of bankruptcy? Or, is it better to live with your debt and keep making minimum payments? Does life get better or worse if you file bankruptcy? That question sums up most people’s fears about shedding their debt through bankruptcy. What will life be like, after bankruptcy? Good questions. […]
Get A Deal On Your Car After Bankruptcy
How are you going to keep your car after you file Chapter 7 bankruptcy? Here in California , little is more essential to holding a job and really getting a fresh start than a car to get to work in. While the bankruptcy discharge will relieve you of liability for the loan on the […]
Marital Separation Doesn’t Require Two Homes
Split the sheets in California, and your wages are no longer community property. That’s because property acquired during marriage but after a marital separation isn’t community property. That’s been California law for a long while. The sticky wicket has been drawing the line when the marriage has broken down and the couple has separated. “When” they separated determines […]
Chapter 13 To The Rescue In Ruinous Business Lawsuit
Twice in the last six months, Chapter 13 bankruptcy has saved clients facing catastrophic lawsuits arising out of business. And because the targets of these lawsuits filed bankruptcy before they’d spent a fortune on lawyers and before the court had a chance to award huge damages, they fit beneath the Chapter 13 debt limits. We […]
Why I Love Chapter 13
How do I love thee, Chapter 13? Let me count the ways. Hang on, because it’s a long list. Thirteen reasons Chapter 13 rocks. I love Chapter 13 because: 1. Debtors keep control of their assets. They run their businesses. There is no trustee tasked to sell their assets. 2. Repayment to creditors […]
Retirement Nest Egg: Ostrich Egg Or Quail Egg?
Will my retirement nest egg be enough to live comfortably when I’m done working? Living will be slow and my needs will be simple. I look at the growth in my retirement savings, the cost of “things”, and my life expectancy, and wonder if my savings are sufficient to buy what I’ll need. But, turns out, the analysis is far […]
